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Article-Aman Kumar Singh-GNLU-8.12.2020
Article-Aman Kumar Singh-GNLU-8.12.2020
2
Ibid.
to check the effective development and authorization of orphan
drugs. After that, several other nations around the world took
inspiration out of the book of the United States and drafted
their own laws, adapted according to their own countries' needs
and requirements. There are certain form and types of incentive
given by the government of different countries in the
development of Orphan drugs:
Legislation in U.S.A
The large number of people suffering from rare diseases
became an important public issue for U.S in late 1970s and
early 1980s. Therefore, there was pressure rising on the U.S.
government from non-governmental organisation like National
Organisation for Rare Disorders (NORD). The Orphan Drug
Act (hereinafter ODA) of 1983 was passed by the U.S.
government, with lobbying from the NORD and many other
different organisations. It was passed to encourage the
pharmaceutical companies to invest in development and
research of drugs for diseases with small number of patients.
According to the ODA, drugs, vaccines and other treating agent
3
https://www.fda.gov/industry/orphan-products-development-events/story-
behind-orphan-drug-act
are granted status of orphan if they were invented for the
purpose of treatment of a disease with less than 200,000
patients among American citizens. Under ODA there are many
incentives given to encourage the development of new drugs
for orphan diseases. Including:
Legislation in Japan
About 10 years after the creation of the US-ODA, Japan framed
its own set of orphan drug regulations on 1 October 1993 by
adopting a few unique provisions aimed at encouraging R&D
in the area of orphan drugs.
6
https://www.medicinenet.com/script/main/art.asp?articlekey=11418
7
http://www.pharmasentry.com/news/newsletter.cfm?linkid=CE077395-
1372-54C2-61CFB42D06A278FB
2. The number of patients affected will need to be below
50,000, which translates into an average of 4 per 10,000.8
8
https://www.mhlw.go.jp/english/policy/health-medical/pharmaceuticals/
orphan_drug.html
9
Ibid.
Singapore.10 Australia adopted the orphan drug legislation in
the year 1997 with the help and assistance of the FDA of US.
Its legislative framework is mostly based on the US model and
legislations. The incentives provided by the Australian
government are priority evaluation and fees waivers. It does not
provide tax credits, exclusivity period and other grants.11
Legislation in Canada
Canada has no policy or legislation related to orphan drugs
probably because of relatively low level of drug research, its
dependency on the US market and small population.12
Conclusion
=A+Gowda&author=A+Nair&author=S+Mittal&volume=5&publication_ye
ar=2016&pages=58-61&
15
https://scholar.google.com/scholar_lookup?
journal=Asian+J+Pharm&title=Orphan+regulations+for+orphan+drug+deve
lopment+in+India&author=D+Saikiran+Reddy&author=TM+Pramodkumar
&author=Y+Reddy&author=K+Sirisha&volume=8&publication_year=2014
&pages=130&
It can be said that government of many countries around the
world has taken essential steps for tackling the issue of rare
diseases by making required legislations. United States of
America has played a very major role in development of the
field of orphan drugs. Its Orphan Drugs Act (ODA) of 1983 has
proved to be revolutionary step in the field of medicines which
resulted in many medical breakthroughs. But many developed
countries around the world, for example- Canada, still lack any
policy or legislation on orphan drugs. Many developing
countries with very high number of rare disease patients, for
example- India, also lacks legislation on orphan drugs. As the
number of people suffering from rare diseases is rising around
the world day by day, it is high time for countries like India and
Canada to take necessary steps to tackle the growing problem
of orphan disease.
References
1. https://www.prnewswire.com/news-releases/global-orphan-
drug-market-to-reach-us-120-billion-by-2018-
244195511.html
2. Ibid.
3. https://www.fda.gov/industry/orphan-products-development-
events/story-behind-orphan-drug-act
4. file:///C:/Users/hp/Downloads/CHEUNG-COHEN-
ILLINGWORTH.pdf
5. Ibid.
6. https://www.medicinenet.com/script/main/art.asp?
articlekey=11418
7. http://www.pharmasentry.com/news/newsletter.cfm?
linkid=CE077395-1372-54C2-61CFB42D06A278FB
8. https://www.mhlw.go.jp/english/policy/health-medical/
pharmaceuticals/orphan_drug.html
9. Ibid.
10. European Union, Scientific and Technical Options Assessment,
Orphan Drugs (March 1999), online: European Parliament .
11. Austl., Commonwealth, Department of Health and Aged Care, the
Orphan Drug Program and Improving Community Access to
Effective Drugs for Rare Diseases, (Canberra: Australian
Government Publishing Service, December 2001) at 38.
12. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4599885/
13. http://insajournal.in/insaojs/index.php/proceedings/article/view/139
14. https://scholar.google.com/scholar_lookup?
journal=Int+J+Med+Res+Health+Sci&title=Scope+of+patient+reg
istries+for+rare+diseases+in+India&author=R+Mohanty&author=
U+Barick&author=A+Gowda&author=A+Nair&author=S+Mittal
&volume=5&publication_year=2016&pages=58-61&
15. https://scholar.google.com/scholar_lookup?
journal=Asian+J+Pharm&title=Orphan+regulations+for+orp
han+drug+development+in+India&author=D+Saikiran+Red
dy&author=TM+Pramodkumar&author=Y+Reddy&author=
K+Sirisha&volume=8&publication_year=2014&pages=130
&